[HISTORY: Adopted by the Town Board of the Town of Mount
Hope 12-13-2004 by L.L. No. 3-2004. Amendments noted where applicable.]
Unsafe buildings pose a threat to life and property in the Town
of Mount Hope. Buildings and structures may become unsafe by reason
of damage by fire, the elements, age or general deterioration. Vacant
buildings not properly secured at doorways and windows also serve
as an attractive nuisance for young children who may be injured therein,
as well as a point of congregation by vagrants and transients. A dilapidated
building may also serve as a place of rodent infestation, thereby
creating a health menace to the community. Debris, rubble or parts
of buildings left on the ground and not removed constitute a dangerous,
unhealthy and unsightly condition. It is the purpose of this chapter
to provide for the safety, health, protection and general welfare
of persons and property in the Town of Mount Hope by requiring such
unsafe buildings to be repaired or demolished and removed.
The provisions of this chapter shall be in addition to, and
in furtherance of, the New York State Uniform Fire Prevention and
Building Code, including but not limited to Sections 107 and 108 of
the Property Maintenance Code of New York State.
As used in this chapter, the following terms shall have the
meanings indicated:
Any building, structure, or portion thereof used for residential,
business, industrial, recreational or other purpose.
The Building Inspector of the Town of Mount Hope or such
other person appointed by the Town Board to enforce the provisions
of this chapter.
The Code Enforcement Officer of the Town of Mount Hope or
such other person appointed by the Town Board to enforce the provisions
of this chapter.
Any debris, rubble or parts of buildings which remain on
the ground or on the premises after demolition, reconstruction, fire
or other casualty.
Any building or structure or part thereof which:
Because of its structural condition is or may become dangerous
or unsafe to the public.
Is open at the doorways or windows or walls, making it accessible
to and an object of attraction to minors under 18 years of age, as
well as to vagrants and other trespassers.
Is or may become a place of rodent infestation.
Consists of debris, rubble, or parts of buildings left on the
ground after demolition, reconstruction, fire or other casualty.
Presents any other danger to the health, safety, morals and
general welfare of the public.
Is unfit for the purposes for which it may lawfully be used.
It shall be unlawful for any owner, tenant or occupant of any building or structure or portion of any building or structure in the Town of Mount Hope to maintain such building or structure or portion of any building or structure in any condition or manner which shall be unsafe as defined in § 94-3 of this chapter.
When, in the opinion of the Building Inspector, Code Enforcement Officer and/or Town Engineer any building or structure located in the Town of Mount Hope shall be deemed to be dangerous or unsafe to the public as defined in § 94-3, the Building Inspector, Code Enforcement Officer and/or Town Engineer shall make a formal inspection thereof and report, in writing, to the Town Board his findings and recommendations in regard to the building's or structure's removal or repair.
The Town Board shall thereupon consider said report, and, if
it finds that such building or structure is dangerous and unsafe to
the public, it shall, by resolution order its repair, if the same
can be safely repaired, and, if not, its removal and demolition and
shall further order that a hearing be held before the Town Board at
a time and place therein specified and on at least five days' notice
to the owner of the building or structure or persons having an interest
therein to determine whether said order to repair or remove shall
be affirmed or modified or vacated and, in the event of modification
or affirmance, to assess all costs and expenses incurred by the Town
in the repair or removal of such building or structure against the
land on which said building or structure is located. Said order shall
also provide that the securing or removal of said building or structure
shall commence within 30 days after service of notice and shall be
completed within 60 days thereafter unless, for good cause shown,
such time shall be extended by the Town Board.
The notice shall contain the following statements:
A.
The name of the owner or person in possession as appears from the
tax and deed records.
B.
A brief description of the premises and its location.
C.
A description of the building or structure which is unsafe or dangerous
and a statement of the particulars in which it is unsafe or dangerous.
D.
An order requiring the same to be made safe and secure or to be removed.
E.
That the securing or removal of said building or structure shall
commence within 30 days of the service of the notice and shall be
completed within 60 days thereafter unless, for good cause shown,
such time shall be extended by the Town Board.
F.
The date, time and place of the hearing to be held before the Town
Board, at which hearing the owner, occupant or other person having
an interest in said premises shall have the right to contest the order
and findings of the Town Board.
G.
That in the event that such owner, occupant or other person having
an interest in said premises shall fail to contest such order and/or
fails to comply with the same, the Town Board will order the repair
or removal of such building or structure by the Town and that the
Town will assess all costs and expenses, including legal expenses,
incurred in such repair or removal against the land on which such
building or structure is located or will institute a special proceeding
against the owner to collect the cost of repair or removal, including
all legal expenses incurred in connection therewith.
A.
A copy of said notice shall be personally served upon the owner or
someone of the owners, executors, legal representative, agents, lessees,
or other person having a vested interest in the premises as shown
on the Town tax records or in the records in the Orange County Clerk's
office.
B.
If no such person can be reasonably found for personal service, then
a copy of said notice shall be mailed to such person by registered
mail addressed to his last known address, as shown on said records,
and by securely affixing a copy of said notice upon said building
or structure.
C.
A copy of said notice shall be filed in the Orange County Clerk's office, which notice shall be
filed in the same manner as a notice of pendency pursuant to Article
65 of the Civil Practice Law and Rules and shall have the same effect
as a notice of pendency as therein provided. The notice so filed shall
be effective for a period of one year from the date of filing and
may be extended by the Town for an additional period of one year thereafter
upon the filing with the Orange County Clerk of a duly verified extension
of notice which shall provide for extension thereof and refer to the
name and address of the person against whom the notice was served,
the date the original notice was filed and a statement that the Town
elects to extend the effectiveness of said notice pursuant to this
section of this chapter of the Town of Mount Hope. Such notice may
be vacated only upon an order of a Judge or Justice of a court of
record and of competent jurisdiction upon grounds sufficient to cancel
a notice of pendency pursuant to § 6514 of the Civil Practice
Law and Rules.
The Town Board shall conduct the public hearing at the time
and place specified in the notice to repair or demolish. It may adjourn
the hearing from time to time until all interested parties are heard
and until the hearing is completed. Within 30 days of the conclusion
of the hearing, the Town Board shall determine by resolution to revoke
the order to repair or remove, modify said order or continue and affirm
said order and direct the owner or other persons to complete the work
within a time specified in the order or such other time which shall
be determined by the Town Board.
In the event of the refusal, failure or neglect of the owner
or person so notified to comply with said order of the Town Board
within the time specified in said order and after the public hearing,
the Town Board shall provide that such building or structure be made
safe and secure or removed and demolished by Town employees or by
independent contractors. Except in emergency cases as herein provided,
any contract for repair or demolishing and removal of a building or
structure in excess of $20,000 shall be awarded through competitive
bidding.
All expenses incurred by the Town in connection with the proceedings
to repair and secure or demolish and remove the unsafe building, including
the cost of actually removing such building and all reasonable and
necessary legal expenses incidental thereto, shall, at the option
of the Town Board, either:
A.
Be assessed against the land on which such building is located and
shall be levied and collected in the same manner as provided by law
for the levy and collection of a special ad valorem levy; or
B.
Be collected by commencement of a special proceeding against the
owner of said unsafe or dangerous building or structure pursuant to
General Municipal Law § 78-b.
A.
In the event that the Town takes any action as provided in this chapter
which results in the incurring of any expenses and the Town Board
seeks to assess such expenses against the land on which the building
is located, the Town Board shall conduct a public hearing as to the
amount of such expenses.
B.
Prior to the hearing, the Town shall cause to be served upon the
owner a notice which shall contain in sum and substance the following
statements:
(1)
The name of the owner against whose property an assessment of expenses
is being sought;
(2)
A brief description of the premises and its location;
(3)
That the Town Board has previously issued an order directing the
owner of the premises to complete the work specified therein;
(4)
That the work was not completed as requested by the order;
(5)
That the Town took action in order to make the building or structure
safe and secure or removed and demolished;
(6)
That the Town incurred expenses (in an amount to be specified in
the notice) as a result;
(7)
That the Town is seeking to assess said expenses against the land
on which such building or structure is or was located;
(8)
The date, time and place of the hearing to be held before the Town
Board, at which time the owner or his representative or agent shall
have the right to contest the amount of expenses to be assessed or
collected;
(9)
That in the event that such owner or his representative or agent
shall fail to appear and/or fail to successfully contest such expenses,
the Town Board shall levy such expenses against the land described
in the notice and shall collect them in the same manner as provided
for by law for the levy and collection of a special ad valorem levy.
Where it reasonably appears that there is present a clear and imminent danger to the life, safety or health of any person or property, unless an unsafe building or structure is immediately repaired and secured or demolished, the Town Board may, by resolution, authorize the Building Inspector, Code Enforcement Officer and/or Town Engineer to immediately cause the repair or demolition of such unsafe building or structure. The expenses of such repair or demolition, at the option of the Town Board, shall be a charge against the land on which it is located and shall be assessed, levied and collected as provided in § 94-11A hereof or shall be the subject of a special proceeding as provided in § 94-11B hereof.
In addition to assessment of costs provided for in § 94-11, any person, firm or corporation who shall violate any provision of this chapter shall, upon conviction, be punishable by a maximum fine of $250 or by imprisonment for not more than 15 days, or both, for each offense.
